Subscribe to Breaking NewsRuby-Sachs: Florida Decision Quick Response
I will do a more thorough update on this later in the day when I have found the actual decision and combed through it, but I wanted to say up front, that reports suggest that the Florida court decision to deny a dying woman’s family access to her room in the trauma wing of a Florida hospital seems to be based, not on partner rights policies, but on a general proposition that patients in trauma rooms have no absolute right of visitation or access.
So, the fact that Lisa Pond’s wife was treated in a blatantly homophobic manner was not at issue for the court. They side-stepped the question of partner rights in hospitals (which they had to because Lisa’s wife, Janice had a power of attorney they were obligated to acknowledge) and determined that no individual has the right to visit a patient in the trauma wing if the hospital sees fit to bar them entry.
This is an amazing after-the-fact revision of events, permitting the court to uphold discrimination even when the law does not do so.
Lambda Legal has time to review this dismissal and look for other legal avenues to pursue. Here’s hoping they can find a way to confront the homophobia of this hospital head on. Only then can they undo this wishy-washy piece of legal reasoning handed down by the United States District Court for the Southern District of Florida.
How appaling…I feel so sorry for the family. I too, live in Florida so I am not surprised at all…..this state redefines homophobia. My partner had a heart attack but I convinced the ambulance drivers and ER personnel to let me stay with him and they were accomadating….even though I overheard some sly remarks. When will our society and nation ever grow up?????
From the legal aspect of this situation, I can understand the decision. However; that decision does not hold water with regards to how many other patients in the trauma are receiving visitors. Seems to me that the mere evidence that other patients are receiving visitors and she cannot is a clear attempt to stop her based on their relationship and homophobic perspectives.
Grotesque.
They did everything write, including a power-of-attorney, yet their rights to see their loved one while dying was denied.
This is a clarion call that marriage rights are absolutely required.
This is also a stunningly cruel action on the part of the hospital and the court.
Florida sucks.
Did anybody see the “Democrat” Kirsten Powers agree last night on Fox News that Kevin Jennings should be fired? Ms. Powers knew nothing about Jennings and his work, and only mimicked Sean Hannity. Guess getting that Fox paycheck trumps truth.
I lived in FL for quite a few years and they are very anti-gay. Remember after all, they were governed for many years by dear old Jeb Bush, of the Bush clan. Another problem with FL is that the average age of the residents is very high (of course, it’s a snowbird state) and ususally the age group of 60+ are conservative, right wing and Republican. So have heart, as the “Q-tips” die off across this country and the younger generations vote more (as they did last November)things will be a’changin’.
To hell with this first trip to court. I’d like to know how the hell Jackson’s CEO or CCO think they can unilaterally ignore a power of attorney. That’s not a gay issue–it’s a routine legal document that’s issued in every state. That should be a fat lawsuit waiting to put a dent in Jackson–but then, it is Florida, where there’s a constant contest to see whether the legislature or the courts will be a more incompetent joke.
There’s also the shit that should be rolling downhill from the Joint Commission. If I were an attorney for the dead woman’s estate, I’d be having a nice and persistent conversation with the Joint Commission. Jackson’s choice to ignore a power of attorney counts as patient abuse. Go after their accreditation and make them sweat as much as possible. It’s not likely that this one event would really put Jackson’s accreditation at risk, but it could piss off insurance companies, maybe even get some attention from CMS–Medicaid and Medicare. Jackson violated professional standards, and they sure as hell seemed to have violated at least one state’s law in ignoring a power of attorney. Make ‘em dance and make ‘em pay.
This is f*cking disgusting
Oh this state is horribly homophobic. If you call anybody on it, they tell you that you are the one being judgmental. Lol. I don’t like to lump all Christians together, but in Florida its hard to encounter homophobia that isn’t tied to the Church in one form or another. There are some (just a few) open minded Christians here, but the vast majority are very vocal and homophobic. How does that line go again…You will know they are Christians by their… oh I forget anyway. The point is in this state they know they can still get away with it because everyone else is equally bigoted.
They didn’t live in Florida, they were tourists, passing through! or aat least trying to! I wonder how many other people Jackson Memorial has allowed into the trama areas. Just another where if you’re opposite sexed, no proof needed to prove marital status.
how horrable makes ya want to move to Fl